Thomas Wyatt

Case overview

Thomas Anthony Wyatt, born 01/06/64, was sentenced to death on February 22, 1991, and December 20, 1991. He died in prison on February 8, 2013.

Timeline

• 05/17/88 — 05/19/88 — Date of offenses
• 02/22/91 — Sentenced on Counts I, II, and III, and Counts V, VI, VII, VIII, IX, X, XII, XIII, and XIV
• 12/20/91 — Sentenced on Count IV
• 02/08/13 — Died in prison

Background

Thomas Anthony Wyatt and Michael Lovette escaped from a prison work crew in North Carolina and fled to Florida. In Jacksonville, Florida, they stole a car from a used car dealership and drove to Vero Beach. Inside the stolen car, Wyatt and Lovette found a .38 caliber handgun.

On May 17, 1988, the two men checked into a hotel under assumed names and called their families in North Carolina. The two men began drinking at a local bar, where they again made collect calls to their families.

The offences

Domino’s Pizza robbery and related murders

After leaving the bar, Wyatt and Lovette stopped at a Domino’s Pizza restaurant to commit a robbery. Upon entering the restaurant, Wyatt instructed delivery driver Matthew Bornoosh to remove his work shirt and give it to Lovette. Lovette put on the shirt, disguising himself as an employee.

Wyatt ushered two employees, Frances Edwards and Michael Bornoosh, into the bathroom. Wyatt took the manager, William Edwards (Frances’ husband), into the office to open the time-delayed safe. After obtaining the money from the safe, Wyatt raped Frances Edwards and shot all three employees.

Medical examiners’ reports indicated that each of the three victims had been fatally shot, and that the seminal fluid found in the Frances Edwards’ body matched DNA samples taken from Thomas Wyatt.

Arson, travel, and Cathy Nydegger killing

Following the Domino’s robbery, Wyatt and Lovette drove west. Before reaching Tampa, the car they had stolen overheated. Wyatt and Lovette set the car on fire and hitched a ride to Tampa.

While drinking at a bar in Tampa, Wyatt met the fourth victim, Cathy Nydegger. Towards the end of the night, Wyatt and Nydegger were seen leaving the bar together. Shortly after they left, Wyatt returned to the bar. He spoke to Lovette briefly and then both men left the bar.

The following day, Cathy Nydegger’s body was found along the side of a road in Indian River County. She had been fatally shot in the head.

Motel in Clearwater and firearm linkage to Nydegger

Wyatt then checked into a motel in Clearwater using an alias. He was driving Nydegger’s car. While at the motel, Wyatt met Freddie Fox. Wyatt gave Fox his gun and some bullets.

Ballistics reports indicated that the gun given to Fox matched the rifling characteristics of the gun and bullets used to kill Nydegger.

Arrests, cooperation, and confessions

Michael Lovette returned to Statesville, North Carolina, where he surrendered to police. Lovette confessed to police his part in the crime spree, telling police that he was not the trigger man in any of the murders.

Wyatt was arrested in South Carolina on an unrelated charge. While in jail, Wyatt confessed to the murders to inmate Patrick McCoombs. At trial, McCoombs testified against Wyatt.

Investigation and charging

The state charged Michael Lovette with four counts of First-Degree Premeditated Murder, Sexual Battery, three counts of Kidnapping, two counts of Robbery with a Firearm, three counts of Grand Theft, Arson, and Possession of a Firearm by a Convicted Felon. The court severed the Nydegger murder and the firearm possession. Lovette received three death sentences. In his Direct Appeal, the Florida Supreme Court vacated the death sentences and the conviction for Sexual Battery. The Florida Supreme Court affirmed the remaining convictions and remanded the case to the trial court for a new sentencing proceeding. Michael Lovette was resentenced to life on the murder convictions and is currently serving 11 life sentences at Okaloosa Correctional Institution.

Trial

Indictment and counts

On 05/10/89, Wyatt was indicted on the following charges:

• Count I: First-Degree Murder (Frances Edwards)
• Count II: First-Degree Murder (William Edwards)
• Count III: First-Degree Murder (Matthew Bornoosh)
• Count IV: First-Degree Murder (Cathy Nydegger)
• Count V: Sexual Battery (Frances Edwards)
• Count VI: Kidnapping (Frances Edwards)
• Count VII: Kidnapping (Williams Edwards)
• Count VIII: Kidnapping (Matthew Bornoosh)
• Count IX: Robbery with a Firearm
• Count X: Robbery with a Firearm
• Count XI: Grand Theft Adjudication Deferred
• Count XII: Grand Theft Auto
• Count XIII: Grand Theft Firearm
• Count XIV: Second-Degree Arson
• Count XV: Possession of a Firearm by a Convicted Felon

Charge Nolle Prossed 01/29/91.

Guilt-phase findings

Wyatt was found guilty on charges I-III, V-X, XII-XIV.

Advisory sentencing for Counts I-III

On 01/31/91, upon advisory sentencing, the jury voted for the imposition of the death penalty on Counts I-III by a 12 to 0 majority.

Sentencing on 02/22/91

On 02/22/91, Wyatt was sentenced as followed:

• Count I: First-Degree Murder — Death
• Count II: First-Degree Murder — Death
• Count III: First-Degree Murder — Death
• Count V: Sexual Battery — Life
• Count VI: Kidnapping — Life
• Count VII: Kidnapping — Life
• Count VIII: Kidnapping — Life
• Count IX: Robbery with a Firearm — Life
• Count X: Robbery with a Firearm — Life
• Count XII: Grand Theft Auto — 5 Years
• Count XIII: Grand Theft Firearm — 5 Years
• Count XIV: Second-Degree Arson — 15 Years

Count IV guilt-phase finding and sentencing

On 11/26/91, Wyatt was found guilty on Count IV. On 12/03/91, upon advisory sentencing, the jury voted for the imposition of the death penalty for the murder of Cathy Nydegger by an 11 to 1 majority. On 12/20/91, Wyatt was sentenced:

• Count IV: First-Degree Murder — Death

Sentencing

Wyatt received death sentences for First-Degree Murder (Frances Edwards) on Count I, First-Degree Murder (William Edwards) on Count II, First-Degree Murder (Matthew Bornoosh) on Count III, and First-Degree Murder (Cathy Nydegger) on Count IV. He received life sentences for Sexual Battery (Frances Edwards) on Count V, and for Kidnapping on Counts VI, VII, and VIII. He received life sentences for Robbery with a Firearm on Counts IX and X. He received 5 years for Grand Theft Auto on Count XII and 5 years for Grand Theft Firearm on Count XIII. He received 15 years for Second-Degree Arson on Count XIV.

Appeals

First appeal: Domino’s murders (death sentences)

On 04/01/91, Thomas Wyatt filed a Direct Appeal in the Florida Supreme Court pertaining to his death sentences for the “Domino’s” murders.

In that appeal, he argued that the trial court committed reversible error during voir dire by mentioning the Possession of a Firearm by a Convicted Felon charge, which had been severed from the trial. Wyatt also contended that evidence that he was an escaped convict and evidence that he had committed other crimes was improperly admitted. The Florida Supreme Court found no merit to Wyatt’s claims of error during the guilt phase.

Regarding the penalty phase, Wyatt claimed that the trial court erred in failing to grant his motion for a continuance in order to secure his mother’s testimony in mitigation. The record showed that the defense was prepared to call more than 12 witnesses to testify in mitigation, but Wyatt expressed that he did not want any witnesses called. It was only the night before the sentencing proceedings that Wyatt requested the testimony of his mother, who he knew would be unavailable. The Florida Supreme Court noted, as indicated by the trial court record, that Wyatt effectively waived presentation of mitigating evidence.

Wyatt also argued the consideration and application of aggravating factors. The Florida Supreme Court affirmed Wyatt’s convictions and death sentences on 09/08/94.

Wyatt then filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 05/05/95.

Second appeal: Nydegger murder (death sentence)

On 01/17/92, Wyatt filed another Direct Appeal pertaining to the Nydegger murder. In that appeal, he argued that the trial court erred in allowing admission of certain character evidence and in allowing admission of improper comments made by the prosecutor during closing arguments. In regard to the penalty phase of the trial, Wyatt argued the consideration and application of several aggravating and mitigating circumstances.

The Florida Supreme Court agreed that the “avoid arrest” and cold, calculated and premeditated (CCP) aggravating factors were not proven beyond a reasonable doubt. The court found these errors to be harmless in lieu of the significance of the other valid aggravating evidence in Wyatt’s case.

Additionally, Wyatt claimed error in the penalty phase instructions and the presentation of improper hearsay testimony. The Florida Supreme Court affirmed Wyatt’s conviction and sentence of death for the murder of Cathy Nydegger on 05/05/94.

Wyatt then filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 03/20/95.

3.850 motion and interlocutory appeal

On 03/17/97, Wyatt filed a 3.850 Motion in the State Circuit Court pertaining to all four of his murder convictions. The motion was amended on 11/30/99.

On 09/08/00, an Interlocutory Appeal was filed in the Florida Supreme Court. By 12/01, the court reached a decision to quash the trial court’s order granting the State’s motion for an in-camera hearing and to allow CCRC-N to withdraw as counsel due to conflict. CCRC-S was then appointed as counsel. Following the issuance of the Florida Supreme Court’s opinion, jurisdiction over Wyatt’s 3.850 Motion returned to the State Circuit Court and is currently pending final resolution.

Other details

Venue changes and case identifiers

The case had a change of venue to Sarasota County (Counts I-III & V-XV) and a change of venue to Pinellas County (Count IV). The case identifiers included Florida Supreme Court opinion 77666 and opinion 79245, and DC# 121892. The Nineteenth Judicial Circuit, Indian River County, Case #88-748-CF-A was listed.

Sentencing judge

The sentencing judge was The Honorable John G. Ferris.

Attorneys

For the trial (Counts I-III & V-XV), the attorneys were Ernon Sidaway and Diamond Horne — Special Appointed Public Defenders. For trial (Count IV), the attorneys were also Ernon Sidaway and Diamond Horne — Special Appointed Public Defenders.

For the direct appeal (Counts I-III & V-XV), the attorney was Gary Caldwell — Assistant Public Defender. For direct appeal (Count IV), the attorney was Gary Caldwell — Assistant Public Defender.

For collateral appeals, the attorneys were Leor Veleanu & Lucrecia Diaz — CCRC-S.

Escape and firearms context

Wyatt and Michael Lovette escaped from a prison work crew in North Carolina. The stolen car contained a .38 caliber handgun. Wyatt also gave Fox his gun and some bullets, and ballistics linked the gun and bullets to the killing of Nydegger.

Inmate witness

Wyatt confessed to the murders to inmate Patrick McCoombs, and McCoombs testified against Wyatt.

Victims

Frances Edwards and William Edwards and Matthew Bornoosh were employees at Domino’s Pizza. Cathy Nydegger was the fourth victim found along the side of a road in Indian River County. Freddie Fox was the person who received Wyatt’s gun and some bullets.